# Terri L. NICHOLS, Plaintiff-Appellee, v. Anthony M. FRANK, Postmaster General; U.S. Postal Service, Defendants-Appellants

> Court of Appeals for the Ninth Circuit · December 13, 1994 · 42 F.3d 503

URL: https://www.frixlaw.com/law-library/cases/9487600

## Case

- **Full name:** 66 Fair empl.prac.cas. (Bna) 614, 65 Empl. Prac. Dec. P 43,410 Terri L. Nichols v. Anthony M. Frank, Postmaster General U.S. Postal Service
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 13, 1994
- **Citations:** 42 F.3d 503
- **Precedential status:** Published
- **Opinion:** Concurrence by Brunetti
- **Judges:** Reinhardt, Brunetti, Fernandez
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9487600

## How later opinions describe it (automated extraction)

- holding that a claim for work-related injury within the Act’s definition is preempted but harm from discrimination that was not an injury within the meaning of FECA is not
- holding employer vicariously liable where victim submitted to supervisor's requests for oral sex out of fear that she would lose her job if she refused
- noting that a "verbal nexus" between work-related discussions and sexual requests, although not necessary to a finding of an actionable quid pro quo offer, often helps to establish the existence of an implicit condition
- finding that harm suffered from sex discrimination is not an “injury” within the meaning of FECA

## Opinion text

BRUNETTI, Circuit Judge,
concurring:
I concur in Parts I, II, III.A.1, and III.B of Judge Reinhardt’s opinion. As to Part III. A.2, I concur only in the result. I further concur in Judge Fernandez’s concurrence.
ORDER
Dec. 13, 1994
The Clerk is directed to add Court of Appeal No. 92-35315 to the existing opinion filed November 29, 1994.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9487600. Public record. Not legal advice.